Vote expected tonight on Penny the Cat

SWANSEA — In an issue that has brought on more publicity and reaction than any other in recent memory, the Board of Library Trustees is expected to vote on the fate of Penny the cat during a meeting tonight to be held at the Senior/Community Center beginning at 7 p.m.

SWANSEA — In an issue that has brought on more publicity and reaction than any other in recent memory, the Board of Library Trustees is expected to vote on the fate of Penny the cat during a meeting tonight to be held at the Senior/Community Center beginning at 7 p.m.

The controversy began when Patrick Higgins intimated that he might bring a complaint against the library trustees if they did not remove the cat from the premises. He noted that he knew people who were allergic to cats and should be able to visit the library without having to deal with that.

The publicity brought about outrage from most, with a few pointing out that they suffer from cat allergies and cannot go to the library.

"We had a big influx of people come to the library," said the Chairman of the Library Trustees, Brian Lowney. "Penny has been an advocate for the library." A petition is at the library and had close to 400 signatures as of Monday morning while the online petition at Change.org had over 1,200.

Mr. Higgins withdrew his threat of having Penny removed, but added conditions.

Among the conditions was posting signs at all entrances warning people who come into the library of the presence of the cat. The conditions also include that when Penny dies, she is not replaced by another cat, and the the Board of Health issue a permit to the library allowing the cat to remain and certify that in the opinion of the board there are no health issues with her living at the library and that they continue the presence of the litter box that is not a health hazard.

Regarding the demands made by Mr. Higgins, Town Counsel Arthur Frank noted that the library trustees can decide to put the sign up letting patrons know that there is a cat inside.

However, he noted that the present library trustees can not hold any future board to not having a cat when Penny dies.

He also pointed out that the Board of Health does not give licenses for pets or certify how well a kitty litter tray would work.

"The Board of Health has no say in this," attorney Frank said.

Town Counsel Frank added that there was no ADA (Americans with Disabilities Act) complaint. He noted that a threat from a third party does not have standing.

Mr. Higgins had threatened to file the ADA complaint and would expect the Justice Department to act.

The law firm of Killoran and Killoran of Fall River volunteered to handle the case pro bono if a complaint should have to go to court.

"We read about this and I sat down with my son and we agreed that if the town needed the help we would do this pro bono," said James Killoran, who along with his son Thomas, were willing to take on the case if necessary.

"This would be the first time I represented a cat," James Killoran said. "Actually, a better way to say it, was that we would be protecting a tradition. Traditions should be preserved." Atty. Killoran noted that his grandchildren had been in the library and saw the cat.

The attorney noted that he contacted Town Counsel Frank about the suggestion that his firm would take on the case if the Board of Selectmen or libary trustees engaged them.

"Arthur agreed and as I understand it, we would be engaged if this went further," atty. Killoran said. "Towns do not always have the money to defend cases like this." Atty. Killoran would not speculate whether this case was a winner or loser.

"I have been around long enough to know that a case can go either way," he said, "I would say that we would give anyone a run for their money. I have not made a significant review of this per se, but it does not seem to fall under the ADA." Former Library Director Kevin Lawton noted that the first cat came in the mid to late 1980s.

"A stray cat had a litter under my porch," he recalled. "We went to the fair at the White Church and all were chosen expect for one. My wife is allergic to cats so we brought it to the library," Mr. Lawton said. "That was Dewey. He was killed when he ran out into the road in front of the library about six months after we brought him there." Mr. Lawton said that they then got the mother, Spooky, and she was at the library for approximately 15 years before she passed on.

He noted that one of the library employees also worked at the Faxon Animal Rescue League.

"I gave them a list of what I would want in a cat, spayed if it were a female, short hair, possibly already declawed," said Mr. Lawton. "A little while later, they told me they found the perfect cat. That was Penny, she was about three or four years old and we got her in about 2004." Mr. Lawton noted that there was one person who came to him noting that they had an allergy to cats.

"I apologized and said I was sorry," said Mr. Lawton, adding that the cat would stay.

He pointed out that the cat is outstanding with adults and children alike.

"Penny has a great personality," he said, "Adults and kids look for the cat when they come to the library." Another complaint by Mr. Higgins involved the fence at the cupola behind the library. The portion of the fence that blocked the way for a handicapped person has been taken away. Chairman Lowney explained that the fence was there during the winter so people would avoid falling.